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(영문) 인천지방법원 2018.02.09 2017고단9211
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 201, the Defendant issued a summary order of a fine of 2.5 million won as a crime of violating the Road Traffic Act at the Incheon District Court on February 12, 2013, and a fine of 5 million won as a crime of violating the Road Traffic Act at the Incheon District Court on February 12, 2013, and on December 17, 201, the Defendant violated the provisions concerning the crime of violating the Road Traffic Act (driving) by being sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act at the Incheon District Court on December 17, 2014.

On November 12, 2017, around 07:00, the Defendant driven a car with B-ro pla in the state of alcohol concentration of approximately 0.179% under the influence of alcohol level from around around 3.5km of the Nam-gu Incheon Metropolitan City to the vicinity of the Yannam-dong, Seo-dong, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of drinking alcohol and a report on the situation of driving alcohol;

1. A report on the circumstances of a driver driving a drinking and notification of the results of regulating drinking driving;

1. On-site photographs;

1. A previous conviction in judgment: A written reply to inquiry, such as criminal history, (A), report on investigation (the same force of the suspect), summary order, and application of the text of the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, once a juvenile protective disposition, including the previous conviction on the ground of drinking driving, committed the instant crime by driving alcohol again despite the past record of one juvenile protective disposition and five criminal punishment. The Defendant has a history of having been sentenced to a suspended sentence due to driving under the influence of alcohol or without a license in 2014.

Since the defendant has a history of criminal punishment due to driving of alcohol twice, he/she has been driving again without reflectivity, there is a high possibility of criticism on the crime.

The defendant has reached a high level of drinking value, and the defendant shall take the vehicle at the time of detection.

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